Modelling of a coherent State action at sea for the Kingdom of Spain: Enhancement of maritime competencies in crisis situations.

Abstract

The dissemination of maritime safety information (MSI) and the effective control and monitoring of ship traffic in maritime areas over which the Kingdom of Spain exercises sovereignty, jurisdiction or national interest is crucial to guarantee the freedom of navigation (FON), at the maximum, for the geostrategic position it occupies between the Mediterranean and the Atlantic.

The objective of this study is, to analyse whether the national legal and competency framework is consistent with international regulations and whether the distribution of competencies at the national level is coherent and effective. Spain's current management model of State action at sea, is characterized by the fragmentation of competencies among various civil, law enforcement and military public authorities and agencies. The results of the analysis carried out, show possible gaps in crisis situations, for an effective control of traffic in Spanish waters, by the competent civil authorities: State Ports and Spanish maritime authority and maritime search and rescue service. Similarly, gaps may appear in the dissemination of MSI, due to disruption of infrastructure and/or communication and reception systems.

It has been identified the need to develop the legal framework, between civil and military State entities, to improve the effectiveness and coherence of the Spanish model of coastguard maritime service in crisis situations. This will require greater coordination, establishing a joint situation, as well as protocols addressing the temporary transfer of competencies, between State entities concerned and the implementation of doctrines NAGCS and AWNIS, if appropriate, to guarantee the accuracy of information as well as the functioning of electronic reporting and satellite navigation systems. Kingdom of Spain is coordinator of NAVAREA III where currently there are several armed conflicts and illegal migration problems.